What is a Prove Up in an Illinois Divorce?

October 21st, 2024 by Tiffany Hughes

Navigating the legal process of divorce can be complex and overwhelming, especially if you’re unfamiliar with the terminology and procedures involved. One term you might encounter in an Illinois divorce case is a “prove up” or a “prove up hearing.” But what exactly does “prove up hearing” mean in the context of an Illinois divorce.

Definition of Prove Up

In the context of an Illinois divorce, a “prove up” refers to the final court hearing where the parties present their divorce settlement agreement to the judge for approval. During the prove up hearing, the parties “prove up” the terms of their divorce settlement, ensuring that both spouses understand and agree to the terms of the Marital Settlement Agreement and Allocation Judgment, if applicable.

The prove up hearing is a critical step in the divorce process, as it allows the judge to review the divorce settlement to ensure it is fair, reasonable, and in compliance with Illinois law. Once the judge approves the divorce settlement, a final Judgment for Dissolution of Marriage is entered, and the divorce settlement becomes official.

What Happens During a Prove Up Hearing?

During the prove up hearing, the spouses or their attorneys will appear before the judge to present the divorce settlement in the form of a Marital Settlement Agreement. Each parties’ divorce attorney, or the Judge if both parties are self-represented, will ask each of the parties a series of questions regarding the divorce settlement, in the form of a direct examination, to ensure that both parties understand and agree to the terms of the agreement, including:

1. Identification of the Parties: The divorce attorneys will ask the spouses during their testimony to identify themselves for the record and confirm that they are seeking a divorce.
2. Jurisdiction of the Court: The divorce attorneys will ask the parties to answer certain questions that let the Judge determine whether or not the jurisdictional requirements have been met and the Court has the authority to divorce the parties.
3. Terms of the Divorce Settlement: Your divorce attorney will ask you a series of questions under oath regarding the terms of the divorce settlement, including division of property, allocation of parental responsibilities (child custody), parenting time (visitation), child support, and spousal maintenance (alimony). Following you and your spouse’s testimony, the Judge will ensure that the terms are fair, not unconscionable, and in compliance with Illinois law.

Once the judge is satisfied that the parties understand and agree to the terms of the divorce settlement and that said divorce settlement is fair and not unconscionable, the final Judgment for Dissolution of Marriage will be entered, and the divorce will be finalized.

Importance of Legal Representation

Given the complexity and significance of the prove up hearing, it is highly recommended to have legal representation during the divorce process, especially during the prove up hearing. An experienced divorce attorney can guide you through the process, help you prepare for the prove up hearing, and ensure that your rights and interests are protected.

Understanding the definition and significance of a prove up can help you navigate the divorce process more confidently. If you are going through a divorce in Illinois, it is crucial to consult with an experienced divorce attorney who can guide you through the prove up hearing and ensure that your rights and interests are protected throughout the process.

Need More Information or Representation?

If you are filing for a divorce, have a prove-up hearing coming up, or want to negotiate the terms of your divorce, give The Law Office of Tiffany M. Hughes, P.C. a call today at 773-893-0228 for a confidential, complimentary 30-minute phone consultation or email Tiffany Hughes directly at Tiffanyhughes@thugheslaw.com. Our entire practice is solely dedicated to the area of family law. We are highly experienced in providing legal representation to anyone who is filing for a divorce, wants a fair deal in their divorce settlement including but not limited to division of assets and debts, spousal maintenance (alimony), child custody, and parenting time, would like to discuss what a prove up is and the definition of a prove up hearing, or needs an Illinois divorce attorney to assist in the drafting of their Petition for Dissolution of Marriage, Marital Settlement Agreement, Allocation Judgment, and/or Judgment for Dissolution of Marriage.

About Tiffany M. Hughes, Divorce Attorney, Principal, Managing Partner, The Law Office of Tiffany M. Hughes, P.C.:

Tiffany M. Hughes is a divorce attorney and Managing Partner of The Law office of Tiffany M. Hughes. Recognized as a Top 100 Lawyer in Lawyers Magazine in 2018 and 2019, Super Lawyer from 2016 to date, and in addition to numerous other accolades, Ms. Hughes represents individuals in all aspects of family and matrimonial law proceedings, including litigation, mediation, allocation of parental responsibility (formerly known as custody), parentage, divorce and other child-related matters.

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This blog is made available by The Law Office of Tiffany M. Hughes, P.C. for educational purposes only as well as to give you general information and a general understanding of Illinois law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and The Law Office of Tiffany M. Hughes, P.C. The website should not be used as a substitute for competent legal advice from a licensed professional attorney in Illinois.  The law changes constantly and we do not go back in time to edit old posts that may be affected by these changes.  If you have any questions about Illinois law, which is the only State this blog and website discusses, please call The Law Office of Tiffany M. Hughes, P.C. for a complimentary phone consultation and do not draw any legal conclusions without speaking to a competent attorney in Illinois first.